Page:Clearing and Settlement Systems Ordinance (Cap. 584).pdf/29

CLEARING AND SETTLEMENT SYSTEMS ORDINANCE

(7) In reviewing a decision of the Monetary Authority, the Tribunal—
 * (a) shall afford both the applicant and the Monetary Authority an opportunity of being heard; and
 * (b) may determine that any matter of fact has been established if it has been established on the balance of probabilities.

(8) As soon as practicable after completing the review, the Tribunal shall deliver its determination made under subsection (6), with the reasons for its determination.

(9) A determination made by the Tribunal shall be recorded in writing and signed by the Chairman of the Tribunal, and shall then be registered in the Court of First Instance; and a determination so registered shall be deemed to be an order of the Court.

(10) The determination of the Tribunal is final and is not subject to appeal except on a point of law.

(11) For the purposes of any proceedings in a court of law, a document purporting to be a determination of the Tribunal that is signed by the Chairman of the Tribunal shall, in the absence of evidence to the contrary, be regarded as a determination of the Tribunal duly made, without proof of its making, or proof of signature, or proof that the person signing the determination was in fact the Chairman of the Tribunal.

36. Powers of Tribunal

(1) In relation to a review of a decision of the Monetary Authority under this Ordinance, the Tribunal may—
 * (a) receive and consider any material by way of oral evidence, written statements or documents, whether or not the material would be admissible in a court of law;
 * (b) determine the manner in which any such material is received;
 * (c) by notice in writing signed by the Chairman of the Tribunal, require a person to attend before it and, subject to subsection (2), to give evidence and produce any article, record or document in his possession or control relating to the subject matter of the review;
 * (d) administer oaths;
 * (e) examine or cause to be examined on oath or otherwise a person attending before it and require the person to answer truthfully any question which the Tribunal considers appropriate for the purpose of the review;
 * (f) order a witness to provide evidence for the purpose of the review by affidavit;